Allahabad High Court Directs ECI To Hold Bye-Elections In UP's State Assembly Constituency 'Suar', Rampur Forthwith [Read Order]

The Allahabad High Court on Thursday directed the Election Commission of India to start the process for holding bye-elections in Uttar Pradesh's State Assembly Constituency, "Suar" Rampur, forthwith. "The Election Commission of India has not been able to justify as to why and under what circumstances, bye election has not been held on the aforementioned constituency despite the vacancy having occurred on 26.12.2019 and duly notified long back by the State Assembly on 27.02.2020", observed Justices Shashi Kant Gupta and Pankaj Bhatia. The division bench expressed the view that the Election Commission has failed to perform its constitutional and statutory duty to hold the bye election for the aforementioned constituency within the time prescribed under Section 151A of the Representation of People's Act, 1950. "The whole controversy in the present writ petition is with regard to not holding bye-election of UP State Assembly Constituency, 'Suar', Rampur, despite the seat falling vacant on 16.12.2019 and issuance of notification by the State Assembly on 27.02.2020, after the election of Mohammad Abdulla Azam Khan (son of Samajwadi Party MP Mohammad Azam Khan) from the aforesaid 'Suar' Assembly was declared void and consequently set aside on 16.12.2019, in an election petition, by this Court", noted the bench. The bench recorded that being aggrieved by the order dated 16.12.2019 passed by this Court, Mohd Abdullah Azam Khan filed a Civil Appeal wherein notice was issued by the Apex Court. "Learned counsel for the petitioner has categorically stated that till date no interim order has been passed by the Apex Court, staying the effect and operation of the order dated 16.12.2019, passed by this Court declaring the election of the petitioner void", noted the bench. The contention of the petitioner, a former Chairman of the Nagar Palika Parishad of the said constituency, was that once the election has been set aside by the High Court in the Election Petition and no interim order has been passed and a vacancy has been duly notified by the State Assembly, there cannot be any justification for the Election Commission not to hold the elections. By not holding the elections, the Election Commission has failed to perform its constitutional duty and suppressed the voice of the people who deserve to be represented through an elected representative. In support of his contention, he referred to Section 151(A) of the RPA. "Perusal of the aforesaid section clearly indicates that a bye election for filling up any vacancy referred to in any of the sections mentioned therein shall be held within a period of six months from the date of occurrence of the vacancy", appreciated the bench. The bench did not find substance in the argument advanced in this regard. It noted that since the election of the Mohd. Abdullah has already been declared void and no interim protection granted by the Apex Court, as such, Mohd. Abdullah was neither a necessary nor a proper party in this petition, as the controversy is with regard to not holding of bye election for the aforesaid constituency within the period specified under section 151-A of the Act. The counsel for the Election Commission had further raised an objection stating that the petitioner has filed the writ petition before this Court without approaching the Election Commission. "This argument is also devoid of merit and is misconceived. Needless to say, the petitioner is simply asking the Election Commission to carry out its obligation to hold the bye elections as per the mandate of Section 151 A of the Act. By not holding the bye elections, the Election Commission is violating the provisions of Section 151A of the Act, as such, Election Commission is hampering the democratic process", observed the bench, stating that the objection raised by the counsel for the Elections Commission is rejected. The Court further noted that in the present writ petition, it has been categorically stated that Mohd. Abdullah has filed an appeal challenging the order of this Court under Section 116A of the Act but he has not been granted any interim order by the Apex Court under Section 116B of the Act. The counsel for the Election Commission, while referring to Section 116-C of the Act, had contended that after deciding the appeal, the Supreme Court shall intimate the substance of the decision to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned and as soon as may be thereafter shall send to the Election Commission an authenticated copy of the decision; and upon its receipt, the Election Commission shall forward copies thereof to the authorities to which copies of the order of the High Court were forwarded under section 106 of the Act. In view of the aforesaid position, it was sought to be submitted that no bye elections can be held...

Allahabad High Court Directs ECI To Hold Bye-Elections In UP's State Assembly Constituency 'Suar', Rampur Forthwith [Read Order]

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